In most cases, a person who has sustained injury as the result of an accident can only bring a personal injury claim for compensation in the country in which the accident occurred. The claim will then be dealt with according to that country's laws and procedures.

This principle holds true for accidents which occurred in a particular part of the United Kingdom. So, for example, someone injured in an accident in Scotland usually has to claim compensation according to Scots Law. Decisions of Courts in England and Wales may, however, still be considered in a Scottish Court's ruling.

The Treaty of Union of 1707 guaranteed the independence of the Scottish legal system. The result of this is that Scots law and procedure differs in a number of ways from English law.

Although some of these differences disappeared with the passage of time, the law-making powers of the Scottish Parliament make it likely that the number of differences will increase as time passes.

An example of this is that Scotland has had a lower legal alcohol limit for driving than the rest of the UK since 2014, and the age of legal capacity (the age at which a person can enter into a legal agreement or contact) is 16, rather than 18 in England and Wales in most cases.

In general, the same laws apply to both Scotland and England insofar as accident claims are concerned. However, there are differences between the two legal systems that can affect a person's right to claim compensation.

There can also be differences in the amount of compensation payable. So, for example, the family of a person fatally injured in an accident is likely to receive a higher amount of compensation if the accident occurred in Scotland rather than in England.

There are many procedural differences between the two jurisdictions, both at the pre-action and Court stages of a claim.

For instance, there are statutory pre-action protocols for managing personal injury claims in England. In Scotland, however, the pre-action protocols are voluntary and only apply if both the claimant and defendant agree that they should.

In some circumstances, a person who is injured in, for example, a workplace accident may be able to choose where to bring his or her claim. This type of situation can arise where, for instance, an accident occurs in one jurisdiction but the claimant's employer's place of business is in another jurisdiction.

Prior to the changes in late 2015, all claims were processed through either the Edinburgh-based Court of Session or the 49 Sheriff Courts situated in towns and cities throughout Scotland.

Claims with value below £5,000 (including personal injury) were raised in the Sheriff Court (although there was no upper limit for claims) and claims of a significant level were generally raised in the Court of Session.

However, following a review in 2009 by Scotland's former senior judge, Lord Gill, new rules governing personal injury claims have been created. In addition there is a new court in which those claims may be brought.

The new Sheriff Personal Injury Court (SPIC)

The SPIC opened on 22 September 2015 to deal solely with personal injury claims. Based in Edinburgh it has jurisdiction over the whole of Scotland for damages arising from personal injuries or the death of a person in which:

The parties will have a period of time to set out their written cases before a compulsory procedural hearing is fixed. This hearing is to allow the Sheriff to determine any further procedure in the case.

It is expected that the parties will have engaged in a considerable amount of preparation and engagement with one another in advance of the hearing.

At least 7 days prior to the procedural hearing, parties must lodge written statements setting out proposals for further procedure. If they are seeking trial (proof), as well as the statement of the matters in dispute, they must also set out certain information including details of witnesses, witness statements, expert reports, medical records and evidence, and the estimated duration of the proof.

Once the proof is allowed, the Sheriff will issue a timetable, setting dates for a hearing, valuations, witness lists and productions, a pre-trial meeting (PTM) and a further pre-proof hearing.

PTMs must be attended by parties in person or via video conference.

For less complex cases the standard personal injury procedure is similar to that of the rules of the Court of Session. The key features are:

An automatic timetable

Setting a date for a ‘Proof Diet' (trial window) within nine months of defences being filed

Simplified pleadings

An exchange of schedules and counter-schedules of damages

a pre-trial meeting (PTM) either in person or by telephone

The Court of Session

Where claims are above £100,000 these can either be brought to the Court of Session - the Scottish equivalent of the High Court - or the Sheriff Court.

A request for a case where the claim is lower than £100,000 to be remitted to the Court of Session may be made by any party.

If the Sheriff considers the importance or difficulty of proceedings make it appropriate to do so, he may allow the request.

Once the request is lodged with the Court of Session there will be a hearing before a judge who will decide whether the case can be remitted.

As in England and Wales, the time limit for personal injury claims in Scotland is 3 years. This means that court proceedings must be issued within 3 years of the Pursuer first being aware that he has sustained injury or illness.

In order to secure the best possible result for a claimant, his or her solicitor needs not only to be a claims expert but also to be expert in the law and procedures of the country where the claim is being brought. In addition, that solicitor may need the right of appearance in the Courts of that country.

A solicitor who practices in England does not automatically have the right to represent a person in the Scottish Courts, and vice versa.Claims which are made in Scotland ought therefore to be brought and handled by specialist claims solicitors who practice in Scotland.

The national panel of Quittance solicitors take on all types of personal injury claims, from less-severe claims to serious, long-term injury. Selected on the basis of their track record in winning claims, QLS's solicitors have years of dedicated experience.

About the author

Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.

Quittance Legal Services is a panel of personal injury solicitors. The personal injury solicitors are regulated and authorised by the Solicitor Regulation Authority (SRA). The Authority's rules can be accessed at http://www.sra.org.uk.

Quittance Conveyancing is a trading style of Premier Property Lawyers Limited. Premier Property Lawyers is regulated by the Council for Licensed Conveyancers. The company's authorisation can be accessed at https://www.clc-uk.org.uk. Premier Property Lawyers Ltd is registered in England and Wales. Company No: 04323405. VAT No: 231822924.